Complaints

Informal :: Formal

Informal Resolution of Complaints

The Administrator is authorized to attempt to mediate or otherwise informally resolve the complaints of violations of the sexual offense policy . Agreements made by the parties during this conflict resolution process are binding, and a person's violation of any agreement may result in discipline or other appropriate action.

Mediation
The Administrator is authorized to attempt to mediate or otherwise informally resolve the complaint. Agreements made by the parties during this conflict resolution process are binding, and a person's violation of any agreement may result in discipline or other appropriate action. The Administrator may also decide that the seriousness of an alleged offense makes it necessary to file a formal complaint on behalf of the College even though a complainant may prefer to pursue informal procedures.

When appropriate, the Office of Equity Concerns provides mediation as an alternative to the traditional adjudication process provided by the sexual offense policy. Either party may request mediation and it is a voluntary process.

The principal difference between adjudication and mediation is the focus of the process. Adjudication(the formal process ) centers on decisions of guilt or innocence and on the assignment of penalties. Mediation(an informal process) concerns itself with the underlying issues which led to the conflict and on developing specific parameters by which the disputing parties will abide in order to avoid future conflict.

The Sexual Offense Policy Administrator serves as principal mediator and in this role serves three basic functions.
1. First, the mediator facilitates communication among the disputing parties.
2. Second, the mediator attempts to identify the areas of contention which might have precipitated the conflict.
3. Finally, the mediator helps the parties to identify areas of agreement and helps to formulate a written agreement which serves as a binding agreement as the parties continue to function effectively as members of the OC community.

Disputants' participation in the mediation process is entirely voluntary and
proceedings are kept Confidentiality.* It should be noted however, that there are cases that cannot be referred to mediation.

Mediation is a valuable and effective service which should be given consideration by all members of the College community when conflicts or disputes arise. The Office of the Ombudsperson provides further mediation services in other areas for the College.

Formal Resolution of Complaints

There are 19 steps in the Formal Hearing Process.

1. If the Administrator believes, after investigation, that a sexual offense has occurred and if the Administrator has been unable to resolve the matter, the Administrator shall draft a complaint which will be forwarded to the Formal Panel. The written complaint should normally contain the names of the complainant and respondent and, in general, it should contain the date or dates, time or times, and nature of the alleged sexual offense(s), the place where the alleged sexual offense occurred and a general outline of the facts and nature of the alleged offense(s). The Formal Panel may consider and decide matters which in and of themselves are not violations of the Sexual Offense Policy when such matters are relevant to violations.

2. At any time prior to the completion of the Formal Panel process, the President may suspend the respondent or assign a respondent to other duties. If the respondent is a faculty member, the President should make the determination concerning suspension with the concurrence of the appropriate divisional council and the General Faculty Council. Compensation will continue during the period of such pre-completion-of-formal-procedure suspension.

3. After a decision to press a written complaint is made by the Administrator, the Administrator normally has five (5) working days to prepare and deliver the written complaint to the respondent by certified mail (or, alternatively, by signed-for, hand delivery), and to notify the Secretary of the College that a complaint has been filed. The Administrator will also provide the respondent with a copy of the Sexual Offense Policy and Procedures at the same time the written complaint is delivered. The respondent normally has three (3) working days following receipt of the written complaint to make contact with the Administrator to discuss the complaint and the procedures. Within seven (7) working days following such contact with the Administrator, the respondent may file a written response. If the respondent does not contact the Administrator and/or provides no written response to the complaint within these time limits, the case will still go forward.

4. At the request of either the complainant or the respondent, or when the Administrator deems it appropriate, the Administrator or his/her designee will inform both parties that contact between the parties must be limited only to that which is necessary and in the best interests of both parties and the institution. The Administrator or his/her designee shall make such determination after discussion with appropriate division heads and/or the Director of Human Resources. Violation of such limitations may be taken into account by the Formal Panel, and may result in discipline.

5. Normally within ten (10) working days following delivery of the written charges, the Secretary of the College will convene the Formal Panel (see Appendix 3). The President shall select an elected member of the Professional Conduct Review Committee to serve as the Chair each time the Formal Panel is convened during that academic year.

6. All parties have the right to choose an advisor from the Oberlin College community to assist and support them through the Formal Panel process. Each party may also bring a non-participating support person to the hearing. No parties will be permitted to have an attorney act as their representative in a hearing. Neither the advisor nor the support person may serve as a witness at the hearing, and they will not be permitted to question witnesses or address the Formal Panel.

7. The hearing will be closed to the public. No attorney representing any party may attend the hearing.

8. Every member of the College community has an obligation to cooperate with the Formal Panel and to answer truthfully all questions asked.

9. The Formal Panel will hear the witnesses and evidence of the complainant, the respondent, and the Administrator. Either party may elect not to provide testimony in the presence of the other party, and the witnesses speaking on his/her behalf. Both parties shall be informed of this option by the Administrator prior to the hearing, and shall make their choice on this option known to the Administrator and, through the Administrator, to the Formal Panel before the commencement of any part of the Formal Hearing. Otherwise each will provide testimony in the presence of all. If either party elects not to provide testimony in the presence of the complainant or respondent, as the case may be, separate rooms for the hearing will be provided, and one room will be wired for sound.
10. The complainant, respondent, and Administrator have the right to present relevant witnesses and to provide other forms of pertinent information with respect to the case. Witnesses are not required to be members of the Oberlin College community.

11. The Formal Panel has the right to question any and all witnesses who appear before it. The Formal Panel has the right to request witnesses to appear other than those called by the parties and/or the Administrator. The complainant, respondent and the Administrator have the right to ask questions of the witnesses. If this privilege is abused or if other extenuating circumstances exist, the Formal Panel may prohibit such examination altogether or may require the abusing party to submit questions in writing from which the Formal Panel may choose to ask the witness. The complainant, Administrator, respondent and Formal Panel will disclose their witnesses sufficiently in advance so that all parties have an opportunity to prepare for the witnesses.

12. The Administrator or his/her designee shall make a record of the entire hearing, normally by means of audio tape. This recording will become part of the Confidentiality record (see Appendix 4). The Administrator is the only party permitted to tape the proceedings.

13. The conduct of Formal Panel hearings shall normally proceed as specified in Appendix 4, although the Formal Panel is free to deviate from its procedures when it deems appropriate.

14. The Formal Panel shall be responsible for determining whether the preponderance of the evidence supports the allegations against the alleged respondent, and if so, whether such allegations constitute a sexual offense as defined in this policy. In order to find that a respondent has committed a sexual offense in violation of this policy, the decision of the Formal Panel must be at least 3-2. The Administrator or his/her designee will be responsible for informing the Formal Panel if the respondent is a repeat offender.

15. Following the receipt of evidence, the Formal Panel shall provide a report and a recommendation to the President. The report shall indicate whether the Formal Panel has concluded from its investigation that a sexual offense has occurred. The necessary hearings will normally be conducted and a report and recommendations for appropriate action be presented to the President within twenty (20) days after the Formal Panel has convened.

16. Promptly after the Formal Panel has made its recommendation, the Chair will collect all notes and related documents accumulated by the Formal Panel during the proceedings and forward the material to the Administrator for safekeeping.

17. The President or a designee appointed by him or her will review the report, normally within five (5) days of its receipt. The President will render his or her decision after discussions with appropriate governing bodies and will provide written notification (which will include the Formal Panel report) to the complainant, the respondent, and the Administrator. In the event that the respondent is a faculty member, the appropriate governing bodies are the appropriate divisional council and the General Faculty Council. In cases where the respondent is a member of a collective bargaining unit, the President shall render a decision in consultation with the Director of Human Resources. When the respondent is a member of the administrative and professional staff, the President shall consult with the appropriate division head. In cases involving a recommendation for serious sanction (suspension or initiation of dismissal proceedings), the procedures described in the College Bylaws and, in the case of faculty, the appropriate AAUP guidelines will be followed.

18. Appeal. The respondent, complainant or Administrator may present written arguments to the President or his or her designee as to why the Formal Panel's findings and recommendations or the President's decision were inappropriate within ten (10) days after the issuance of the decision by the President or his or her designee. The President or his or her designee will have five (5) days from receipt of such written arguments to act.

19. In the event that the respondent is the President, the recommendations of the Formal Panel will be reported to the Chair of the Board of Trustees.